by OMAR » Sun Jul 13, 2008 04:55 pm
My car was hit while parking in a street in philadelphia, the other car owner claim that someone attempted to car jack him while his vehicle was running,
the thief shoved him out jumping into the vehicle, the car owner grabbed the wheel from the thief making him hit my car. their was no eye witness except a 7 years old boy. the problem is that his company didn't want to pay. now what I have to do? , go to the court and sue the insurance company that no one can proof his story or go to the court and sue the car owner for his reckless action that cause the accident???
OMAR
the thief shoved him out jumping into the vehicle, the car owner grabbed the wheel from the thief making him hit my car. their was no eye witness except a 7 years old boy. the problem is that his company didn't want to pay. now what I have to do? , go to the court and sue the insurance company that no one can proof his story or go to the court and sue the car owner for his reckless action that cause the accident???
OMAR
Posted: Mon Jul 14, 2008 04:30 am Post Subject:
You can't sue the insurance company as they did not cause your loss. You would sue their insured and they would provide that person a defense. What you would need to prove in court is that the driver/owner is liable. His defense is... just as he stated. Did he file a police report stating this same information? If so, it would go a long way in supporting his defense. If their a problem with his witness? If the child is independent, his statement would pretty much seal the other person's defense as well.
Posted: Mon Jul 14, 2008 11:16 am Post Subject:
Just file the claim with your carrier under your collision coverage, if they think they have a case, they will take the other carrier on.
Posted: Tue Jul 15, 2008 05:46 am Post Subject:
Well Omar, I think Lori has a point....you may have to file a case with you own insurer. the driver's insurer is denying the fact based on the fact that their insured wasn't responsible for the damages since his car was stolen at the time of accident. And if the driver has a police report to support his version, you may have a hard time in proving it otherwise even if you sue him.
Posted: Tue Jul 15, 2008 09:20 am Post Subject:
you should consult your lawyer
Going to the court will not help much because if that child speaks in other man's favour in the court, then it will not help you much.
on the contrary, that man can sue you because you dragged him to the court without any reason
Posted: Tue Jul 15, 2008 03:25 pm Post Subject:
Hi Lori
I don't have a collision coverage, So my insurance company will not pay, and because they will not pay, they don't care about my case at all...
i have a question:
the car owner that hit my car was in the scene and even his act by grabbing the car wheel caused the accident, and the car owner admit that, does that give me the right to ask his insurance to pay?
I don't know what are the regulations that govern when or when not the insurance company should pay or not?
Posted: Tue Jul 15, 2008 03:27 pm Post Subject:
You could raise this issue but personally, I don't think it's going to change anything. When someone is trying to steal your car, is it reasonable that your going to try to stop the person? In court the person's story would be something like he was trying to remove the keys, he was trying to brace himself, etc. I see no reason why anyone would try to _stop_ a vehicle by grabbing the steering wheel. If he said this, he's probably just explaining that he was tying to stop the vehicle and it hit your car because he was holding the wheel at the time.
I think you can point out to the adjuster that you feel grabbing the wheel was inappropriate/unreasonable but I think the adjuster is not going to change their mind because of this.
If someone ran up to your car and car jacked you, how would your really respond? I don't think anyone can plan out what they will do.
It sounds to me like the witness is credible and that it's very likely that the person's car _was_ being stolen?
Posted: Tue Jul 15, 2008 06:10 pm Post Subject:
Hi tcope thanx for your interest,, it's not that the witness is credible or not,,, as i said before the only witness for the accident was a 7 yrs boy, that i don't know until now what he saw exactly,, the point is that is there an easy way to do it,, rather than going to court doubting what the owner claim,, he might be joking with a friend and after the accident he claims that there was a car jack.
Posted: Tue Jul 15, 2008 07:43 pm Post Subject:
Yes, which is why I asked about a police report. If he did not file a report, then I'd throw his statement of a car jacking out the window.
Posted: Tue Jul 15, 2008 11:24 pm Post Subject:
i have a question:
If it's a credible story, then surely (although it sucks for you) you have to admit that you wouldn't want to be held responsible for some jerk that was trying to jack your car right? I mean if someone jumps into your car, personally I'd be 'trying' to hit something to get attention and maybe save my life, maybe even hit six cars, but my insurance company wouldn't pay a nickel, because insurance companies don't insure felons...meaning a thief did not have my permission to drive my car, no matter what i did in an attempt to escape etc....like I said you wouldn't want to be held responsible if it were you right?the car owner that hit my car was in the scene and even his act by grabbing the car wheel caused the accident, and the car owner admit that, does that give me the right to ask his insurance to pay?
I don't know what are the regulations that govern when or when not the insurance company should pay or not?
T, brings up a very valid point...police report, police report, police report....I see no way out of this other than suing, and I honestly (unfortunately) don't see it changing, however, you could always take him to small claims court...minimal fee, no attorneys and you each tell your story to the judge, and let him decide, if the judge rules in your favor his carrier will pay then.
Posted: Wed Jul 16, 2008 02:58 pm Post Subject:
Sorry Lori, I couldn't understand you, you are saying if the car owner hit my car or maybe even hit six cars, its fine since he is trying to save his car, and the other cars owners should hit their heads on the floor, no body will give them a penny, this is not right.
the car owner left his car running, and was outside it, how far was he no one knows? but i think far enough to motivate a thief walking in the area to steal it. the car owner made a big mistake and to solve it he did another mistake by running after the car and grabbed the wheel through the car window turning the car to hit my car.. the car is a deadly weapon this is why you get a traffic ticket when you did a violation, you cant act reckless even you try to save your piece of metal called a car,, he might killed a person or even the 7 yrs old child who was there,, or may be turning a healthy man to a handicap, or even kill the thief, he deserve to go to prison but not killed, we are not living in jungle, if you are not defending you life, there is no excuse to hurt others life or property, this is why the invented something called the cops.
I will go to the court not because of the money, but because I feel injustice, from both the owner and the insurance company, and if I stop fighting for myself no one will fight for me.
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